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Monday, December 27, 2010

minister Andrew-Drossos: Nicolis cannot be held by Maintenance enforcement rules or the court!

Read the second transcript below for the kicker!

IN THE COURT OF QUEEN’S BENCH OF ALBERTAJUDICIAL DISTRICT OF EDMONTONBETWEEN:RESHMIKA MANIKAMApplicantandANDREAS DROSSOS NICOLISRespondentP R O C E E D I N GEdmonton, AlbertaJune 8, 2010December 16, 2010Transcript Management Services, Edmonton1000, 10123 99th StreetEdmonton, Alberta T5J-3H1Phone: (780) 427-6181 Fax: (780) 422-2826iTABLE OF CONTENTSDescription PageJune 8, 2010 Morning Session 1Submissions by Ms. Yoon 1Ruling (Detention) 5Certificate of Record 8Certificate of Transcript 9December 16, 2010 Morning Session 10Submissions by Ms. Goulden 10Ruling (Release) 13Certificate of Record 14Certificate of Transcript 1511 Proceedings taken in the Court of Queen’s Bench of Alberta, Law Court, Edmonton, Alberta23 June 8, 2010 Morning Session45 The Honourable Court of Queen’s Bench6 Mr. Justice Macklin of Alberta78 H. B. Yoon Forthe Director of Maintenance Enforcement9 (NO COUNSEL) For the Respondent10 A. Pawlikowski-Brouiaka Court Clerk111213 MS.YOON: Thenext matter would be Andy Nicolis.1415 THECOURT: Yourname is Andy Nicolis?1617 MR.NICOLIS: Yes.1819 THECOURT: Howlong have you been there?2021 MR. NICOLIS: Where?2223 THECOURT: Incustody.2425 MR.NICOLIS: Sinceyesterday 1 p.m.2627 THECOURT: All right. Ms. Yoon from Maintenance28 Enforcement is going to tell me what this is about. And you.2930 Submissions by Ms. Yoon3132 MS.YOON: So Sir, I have quite a bit of information to33 convey, so if I could have the Court’s patience. This is the matter of Andy Nicolis. He34 was picked up yesterday at around 1 p.m. He has a lengthy history. The creditor is35 Reshmika Nicolis. There are four dependents; Demetrius, Aditia, Melissa and Christen,36 respectively age 16, 15, 13, and 11. There are two Orders. One would be dated February37 6th, 1996, the other one November 9th, 1999. The ongoing maintenance for Melissa and38 Christen would be $200 per month on the 17th of each month, and for Aditia and39 Demetrius it would be $375 per month on the last day of each month. The current arrears40 owing amount to $69,985.52. Of that amount, $7177.90 is owed to the creditor, and41 $61,307.63 is owed to the Crown. There are $1500 in penalties.212 The last voluntary payment that Mr. Nicolis made was $575, and this was done on August3 17th, 2000. This file goes back to -- or enforcement attempts have gone back to 1998.4 I’m just going to go through -- I’m not going to give the entirety of the history. I’m just5 going to take out some highlights that I think shows his non-compliance, because what6 that’s leading up to is, as I will be asking that he be held over for a couple of days for7 Maintenance Enforcement to be able to conduct a financial examination in the Remand8 Centre. So I’m just going to --910 THECOURT: Well, is the problem that he has not shown up11 to be examined?1213 MS.YOON: That is in fact how the Order to Compel was14 issued and the warrant was issued. So I’m just going to take just bits and pieces here.15 March 9th, 2005, there is -- Mr. Nicolis states Maintenance Enforcement has to prove that16 the person we are collecting against is him. His reasoning is that since we used capital17 letters for name, and his name is not in capital letters, we have the wrong person. On18 May 20th, 2008, Maintenance Enforcement called Mr. Nicolas. He would not give his19 address and did not want to discuss the file. On March 19th, 2009 -- Sir, I’m skipping20 over some things. I’m just giving you the highlights of non-compliance. March 19th,21 2009, Mr. Nicolis is a no show for a Notice to Attend. Maintenance Enforcement22 proceeded with an Order to compel. On May 12th, 2009, Maintenance Enforcement23 prepared an Order to Compel for August 27th, 2009 at 9 a.m. Now, the bailiff was not24 able to serve Mr. Nicolis. And then on September 23rd, 2009, two men dropped off a25 letter for Maintenance Enforcement -- or sorry. I’m just going to -- I’m not -- I’m just26 going to skip over that. February 1st, 2010, Mr. Nicolis was a no show for an Order to27 Compel set for 9 a.m., and a warrant was issued on May 17th, 2010, and I believe that’s28 the warrant he was picked up on.2930 On May 27th, 2010, Mr. Nicolis appeared at the Maintenance Enforcement office.31 Maintenance Enforcement then advised Mr. Nicolis of an outstanding warrant for his32 arrest. Mr. Nicolis stated, "I don’t believe this", and laughed. Maintenance Enforcement33 asked if he would like to arrange for a payment. Mr Nicolis advised "No", and handed an34 affidavit of a list of points outlining no financial information. Maintenance Enforcement35 advised Mr. Nicolis that they are there to discuss a payment arrangement with36 Maintenance Enforcement. He refused and left the office. So those are some of those37 highlights.3839 In order for Mr. Nicolis to be released, Maintenance Enforcement would ask that he40 comply with the following: Provide Maintenance Enforcement with a lump sum payment41 of $7177.90. This is the amount currently owed to the creditor. So that’s the creditor31 part of the arrears. And upon his release, or by June 15th -- and that date is significant;2 I’ll just get to it. We are asking that he be held in the Remand Centre to allow3 Maintenance Enforcement to conduct a financial examination on Mr. Nicolis, and our4 preferred date would be June 10th, 2010 at 10:30 a.m. So we are asking that he be held5 over until June 10th in order for that financial examination to occur. We are seeking that6 he provide a completed Statement of Finances, and that he attend at a later date, and I7 understand that Maintenance Enforcement -- my client is here, and he will be served with8 the documents that he attend at the Maintenance Enforcement office for a financial9 examination on June 16th, 2010 at 1:30 p.m.1011 So that’s in addition. So that’s a further date from --1213 THECOURT: Thatis in addition to the one on June 10th?1415 MS.YOON: That’s correct. And also, the director of16 Maintenance Enforcement requests that Mr. Nicolis be ordered to provide the following17 documents to the director of Maintenance Enforcement on or before June 15th, 2010. So18 one, his personal income tax returns for the last five years; two, his corporate income tax19 returns for the last five years for any company in which you own shares or business20 interests; three, that he lists any debts that are owing to him; four, list of any and all debts21 that are owed by his company; number five, bank statements, pay stubs and credit card22 statements for the last year.2324 So ideally we are looking for him to be held over to June 10th, 2010 at 10:30 a.m. In the25 alternative, if the Court is not inclined to hold him over, we are seeking an order that he26 pay that lump sum payment upon his release, or at least by June 15th when he is27 supposed to be attending an examination the next day.2829 THECOURT: All right. Thank you. Mr. Nicolis, you heard30 what Ms. Yoon has said?3132 MR.NICOLIS: Yes.3334 THECOURT: Whatdo you want to do?3536 MR.NICOLIS: Well, I’ve responded to everything she said all37 the way through. The way I understand it, I’m here to get a court date. So if you give38 me a court date, I’ll gladly show up, no questions asked, with all the documentation she39 needs once again, like I have always provided.4041 THECOURT: Shewants a lump sum payment of $7100 or so.412 MR. NICOLIS: Well, without a license, without a job, being an3 alleged dead beat dad for the last nine years, I don’t know how that’s gonna happen. I4 really don’t have that kind of money to pull out of anywhere. I wish I did.56 THE COURT: You are not working now?78 MR. NICOLIS: I haven’t been working since 2003, Your9 Honour. Being an unemployed Class 1 driver because I don’t have a driver’s license10 means I couldn’t get a job at McDonald’s. I’m not even qualified to wash dishes, Your11 Honour.1213 MS.YOON: MyLord, the issue at Maintenance Enforcement14 is we don’t have any financial disclosure, nor do we have any payment arrangements, and15 yet we get information, it may be from the creditor, that he does work as a truck driver,16 and that may be under the table, but of course we just don’t have any financial17 information --1819 MR.NICOLIS: Withor without a --2021 MS.YOON: --whatsoever from Mr. Nicolis, and that’s been22 the problem from the start.2324 MR. NICOLIS: Excuse me. I’m working as a Class 1 driver25 with or without a valid operator’s license, allegedly?2627 THECOURT: Well,are you working at all?2829 MR.NICOLIS: No, I’m not. How could I get a job as a Class30 1 driver --3132 THECOURT: Allright.3334 MR.NICOLIS: --without a Class 1 license?3536 THECOURT: Can’tget blood out of a stone, and I can’t keep37 him in custody if he can’t pay, otherwise he would be there forever.3839 MS.YOON: Sir,I think --4041 THECOURT: Ican keep him long enough for you to examine51 him.23 MS. YOON: I think that would be -- I think that would be4 the preference. And --56 THE COURT: What is today, June the 8th?78 MS. YOON: It is June the 8th today, and we’re asking for9 June 10th.1011 MR.NICOLIS: Your Honour, if you give me a court date for12 June the 15th, I’ll sign whatever you need me to sign. I will be there. I promise.1314 THECOURT: Well, I am not going to give you a court date,15 but here is what we are going to do. Can you examine him tomorrow?1617 MS.YOON: Yes, Sir, that is an option here that my client18 has provided me as a second preferred date, would be June 9th, 2010 at 10:30 a.m.1920 Ruling (Detention)2122 THECOURT: All right. I am going to keep you in custody23 until tomorrow. You are going to be examined June 9th at 10:30 a.m. at the Remand24 Centre, and you will also be required -- you can be released after your examination, but25 you will be required to attend at Maintenance Enforcement for a further exam on June26 15th.2728 MS.YOON: June16th, Sir, at 1:30 p.m.2930 THECOURT: Sorry. June 16th at 1:30.3132 MS.YOON: Andhe will be served with those papers.3334 THECOURT: Doyou understand?3536 MR.NICOLIS: Iunderstand.3738 THECOURT: Thatis an order.3940 MR.NICOLIS: Iunderstand.4161 THE COURT: You will be at Maintenance Enforcement 1:302 June 16th for further exam. You will provide them with your tax returns for the last five3 years, if you have any. You will provide them with your corporate tax returns for five4 years if you have any. A list of your debts, both for yourself and for any company that5 you own, if you have any, and credit card information. All of that will be provided to6 Maintenance Enforcement on June the 16th when you attend at 1:30. Understood?78 MR. NICOLIS: Understood.910 THECOURT: Andyou will submit to an examination at that11 point as well under oath. All right?1213 MR.NICOLIS: Allright.1415 THECOURT: Okay.1617 MS.YOON: And just to clarify, that’s any debts that you18 have or any debts that are owing to you.1920 Sir, I believe my office prepares the order. And I would just ask that Rule 323.1 be21 invoked, and that’s service would be by ordinary mail to the last known address on the22 MEP files.2324 THECOURT: Well, have you confirmed an address yet?25 What address are you living at?2627 MR.NICOLIS: Mail goes -- I get mail from 5715 - 133A28 Avenue, Number 15C.2930 THECOURT: Didyou get that?3132 MS.YOON: Thatwill be the address that the Order will be33 mailed out to.3435 THECOURT: Allright. Rule 323 will be invoked then.3637 MS.YOON: Thankyou, Sir.3839 THECOURT: Andyou can send the Order to me for signing.4041 MS.YOON: Thankyou, Sir.712 THE COURT: All right. Thank you. You will be examined3 tomorrow then at 10:30, following which you can be released.45 MR. NICOLIS: Thank you.678 PROCEEDINGS CONCLUDED9101112131415161718192021222324252627282930313233343536373839404181 Certificate of Record23 I, Audrey Pawlikowski-Brouiaka, certify that this recording is the record made of the4 evidence in the proceedings in Court of Queen’s Bench, held in Courtroom 316 at5 Edmonton, Alberta, on the 8th day of June, 2010, and that67 Iwas the court official in charge of the sound-recording machine during the proceedings.89101112131415161718192021222324252627282930313233343536373839404191 Certificate of Transcript23 I, Carl Ross, certify that45 (a) I transcribed the record, which was recorded by a sound-recording machine, to the best6 of my skill and ability and the foregoing pages are a complete and accurate transcript of7 the contents of the record, and89 (b) the Certificate of Record for these proceedings was included orally on the record and10 is transcribed in this transcript.111213 DigitallyCertified: 2010-12-20 14:19:4014 CarlRoss, Transcriber15 OrderNo. 21421-10-11617181920212223242526272829303132333435 Pages: 1136 Lines: 40837 Characters: 104653839 File Locator: f4ddd690d90f10008001001a4b0a479e40 Digital Fingerprint: 41917db347f58a5071c880db69f6b793485600a8e20a4a684bf6ecb6bd7a119e41101 Proceedings taken in the Court of Queen’s Bench of Alberta, Law Court, Edmonton, Alberta23 December 16, 2010 Morning Session4 Master Breitkreuz Master in Chambers56 R. J. Goulden Forthe Director of Maintenance Enforcement7 (NO COUNSEL) For the Respondent8 C. Muis CourtClerk91011 Submissions by Ms. Goulden1213 MS.GOULDEN: Good morning, Sir. Ronda Goulden, counsel14 for the director of Maintenance Enforcement this morning. I thought I would begin in the15 matter of Mr. Nicolas in explaining how it is that we get here this morning. There was a16 default hearing set for October 7th, and at that time Mr. Nicolis did not attend. A warrant17 was issued for his arrest. He was picked up on that warrant and brought before the court18 on Tuesday morning, at which point in time we asked for the ability to have a hearing,19 and the judge held him over to today for this hearing.2021 Previously, just for your information, there -- and these documents would be on the file --22 he was ordered to attend Maintenance Enforcement on February 1st, and he did not attend23 at that date, and a warrant was issued for his arrest then. He was picked up on that24 warrant in June of 2010. He was examined under oath regarding his finances at the25 Remand Center on June 9th, and then asked to attend at Maintenance Enforcement on26 June 16th to follow-up on some of the details. And so there were two examinations that27 were done in June of this year.2829 From my client’s perspective, from the Maintenance Enforcement Program’s perspective30 there was no information regarding his financial situation that was provided.3132 On the morning of October 7th, Mr. Nicolis did file a document. I believe it’s on the33 court file. That was on the morning that he was supposed to appear in the afternoon for34 the default hearing, and he did not show in the afternoon. But that document, I believe,35 has his points regarding what he believes to have been his financial disclosure.3637 The maintenance history, there are two Orders on this file. There are four children. The38 first Order is from 1996. It’s dealing with the two oldest children. The maintenance is39 $100 per month per child, so for a total of $200 per month for the two oldest children.40 Later, in 1999 there is a court Order in the Provincial Court regarding the two youngest41 children, and the amount of maintenance there is $187.50 per month per child for a total111 of 375. So Mr. Nicolis has been ordered to pay $575 total. Everything that I’ve said so2 far reflects just what would be a summary of the court file, what’s already on your3 documents.45 Regarding his payment history -- and I can call evidence regarding this -- his Statement of6 Account shows us that the last payment that was received on this file was in 2006, four7 years ago -- four and a half years ago actually, and that was an involuntary payment. It8 was garnisheed through the federal garnishee -- there was a payment of $67. Before9 that -- there were a number of payments received through the federal government. Before10 that there was a wage garnishee in 2000, so almost ten years ago, where Maintenance11 Enforcement Program received $575. So nothing has been received on this file in the last12 four and a half years.1314 The conversations that we’ve had with Mr. Nicolis are basically summarized in his15 affidavit that he filed on October 7th, and we are here today seeking either some actual16 financial information that would show us how we could get some money, because17 obviously we would prefer to have money, or we are asking that Mr. Nicolis be put in18 gaol for 90 days for failure to pay and failure to comply.1920 MASTER BREITKREUZ: Well, you know, after reading this affidavit, it21 seems to me it would be the grossest insult to justice to send him to gaol. Has he ever22 been sent to the Alberta Hospital for an assessment?2324 MS.GOULDEN: Ithink -- I agree with you, Sir, that that would25 potentially be appropriate, but unfortunately -- and I’ve looked. There is no -- there is26 nothing in the Act that allows you to do that. There is no power that we have to do that.2728 MASTER BREITKREUZ: But can you look me in the eye and say after29 reading this, this man should go to gaol?3031 MS.GOULDEN: I can, Sir, for this reason; that what is written32 in there is very strong belief system that he has about the administration of justice. It33 shows actually that he doesn’t believe the justice system applies to him. He actually --34 we have that under oath during his -- in his -- in the examinations where he says I don’t35 believe in the legal system. So --3637 MASTER BREITKREUZ: He says he is insolvent. He has got a38 paragraph in here -- I will find it. Paragraph 38. "Is and always has been insolvent".3940 MS.GOULDEN: But that’s because, Sir, if you -- the rest of the41 affidavit establishes that what he is actually talking about is an identity issue. He has two121 different -- I can’t -- I’d actually like you to talk to him about how he addresses his2 identity, because the problem is that his statements about the finances that he makes, it’s3 not clear whether he is making that in his own personal -- his own human status of he’s4 got this belief that his name is given to him by his parents and the government, and that5 whatever is done in his name doesn’t apply to him in the body. So he could be receiving6 income, and we actually do believe -- we have -- we do believe that there is some driving7 and stuff that -- we don’t even know how he feeds himself from day to day, and I think8 the Court would be curious about those kinds of questions. How does he survive?910 MASTER BREITKREUZ: What kind of questions were asked when11 somebody asked him questions in -- I don’t know -- June of this year?1213 MS.GOULDEN: Okay. So I have -- there are two transcripts,14 and we can provide these to you, because they are sworn, they are under oath. Every time15 the Maintenance Enforcement worker asked him a question, we have about five pages just16 talking about the birth certificate and whether or not it is his name. Then --1718 MASTER BREITKREUZ: Well, that just tells me more clearly than ever19 this man should be assessed by a psychologist or a psychiatrist, not by me.2021 MS.GOULDEN: All right. So I agree that there is definitely22 some opening for some psychiatric testing.2324 MASTER BREITKREUZ: Yes. How are you going to get him there?2526 MS.GOULDEN: Wecan’t.2728 MASTER BREITKREUZ: Well, we can just send him to gaol. We can29 send this mentally sick person to gaol but we can’t send him for an assessment.3031 MS.GOULDEN: Well,Sir --3233 MASTER BREITKREUZ: Because I am telling you I am going to give34 you about five minutes and he is going to be out of here, released. I am not sending this35 kind of a person to gaol. That would be a gross injustice.3637 MS.GOULDEN: So then, Sir, I need to come to you then and38 say as part of the justice system, what is justice here.3940 MASTER BREITKREUZ: Justice is sending him for a mental assessment.41131 MS. GOULDEN: And you can’t do that and I can’t do that.23 Ruling (Release)45 MASTER BREITKREUZ: Okay. Then he is going to be released. He is6 not going to be held in custody just because I can’t send him for a mental assessment.7 This is nonsense. If you can’t do it, then you can abolish the Act. I am going to direct8 that he be released.91011 PROCEEDINGS CONCLUDED121314151617181920212223242526272829303132333435363738394041141 Certificate of Record23 I, Candace Muis, certify that this recording is the record made of the evidence in the4 proceedings in the Court of Queen’s Bench, held in Courtroom 212 at Edmonton, Alberta,5 on the 16th day of December, 2010, and that67 Iwas the court official in charge of the sound-recording machine during the proceedings.89